Damages in a Medical Malpractice Case

The victim of a medical malpractice case may be entitled to recover damages for a variety of reasons, including medical bills, lost earnings, as well as pain and suffering. If the malpractice results in death, the patient’s family is entitled to recover the damages. However, in order for a victim to recover damages, he/she must be able to prove that medical malpractice was actually the cause of injury or death. There must also be a significant price tag on those damages. There are three different types of damages that can be recovered from a medical malpractice case: general, special and punitive.

General damages: These damages may compensate a victim for losses that are not easily quantifiable. Pain and suffering, loss of consortium, and loss of enjoyment of life are some examples of general damages. Putting a dollar figure on these types of losses is not easy. The court will consider the severity of the injury caused by the medical professional’s negligence. For permanent damage or disfigurement, such as a scar, the award will be higher than in cases where there is no permanent injury.

Special damages: These damages may compensate a victim for financial losses incurred from the injury. These damages may cover medical expenses such as doctor’s bills, hospital bills, prescriptions, medical equipment, and therapy. A victim may also recover damages for future medical bills as long as they can be estimated with a reasonable degree of certainty.

Lost wages and loss of future earnings are also covered under special damages. If the injury causes the victim to miss time from work and not get paid for that missed time, he/she can sue to recover those lost wages. If the victim gets paid because he/she used paid sick or vacation days, the defendant would still have to reimburse him/her for the value of the used sick or vacation days.

Punitive damages: The regulations on punitive damages vary from state to state. However, the general rule to receive punitive damages is that the doctor or medical professional’s actions were intentional and led to injuries. The exact amount of punitive damages that a victim may receive is left to the judge.